Shellharbour City Council v Minister for Planning [2011] NSWCA 195

Shellharbour City Council v Minister for Planning [2011] NSWCA 195

It was open to the primary judge to decline directions for expert evidence because the relevance and materiality of such evidence was remote and not adequately specified; the application failed to show propositions supporting the need for expert evidence, nor was there likelihood such evidence could assist the Court given statutory definitions and the Court's expertise.

Parties
Applicant: Shellharbour City Council; First Respondent: Minister for Planning; Second Respondent: Delfin Lend Lease Limited ABN 88 00 966 085
Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal
Outcome
Leave to appeal refused; application dismissed with costs.
Legal Topics
Expert Evidence, Statutory Interpretation, Planning Approval
Environmental Law Civil Procedure Expert Evidence Statutory Interpretation Planning Approval

Case Brief

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Parties

Shellharbour City Council

Applicant

Minister for Planning

First Respondent

Delfin Lend Lease Limited ABN 88 00 966 085

Second Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether expert evidence should be permitted to interpret technical expressions in statutory instruments
  2. 2 Whether refusal to allow expert evidence was an error by the primary judge

Ratio Decidendi

It was open to the primary judge to decline directions for expert evidence because the relevance and materiality of such evidence was remote and not adequately specified; the application failed to show propositions supporting the need for expert evidence, nor was there likelihood such evidence could assist the Court given statutory definitions and the Court's expertise.

Court Disposition

Leave to appeal refused; application dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.